Chandra Shekhar Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20197 of 2023 Arising Out of PS. Case No.-192 Year-2021 Thana- GAURICHAK District- Patna ====================================================== 1.

CHANDRA SHEKHAR MOCHI Son of Late Nagina Mochi R/vMuradpur, P.S.- Gaurichak, District- Patna 2.

KANTI DEVI W/O CHANDRA SHEKHAR MOCHI R/v- Muradpur, P.S.- Gaurichak, District- Patna 3.

BITU KUMAR @ BITTU KUMAR S/O CHANDRA SHEKHAR MOCHI R/v- Muradpur, P.S.- Gaurichak, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

1. Learned counsel for the petitioners seeks permission to remove the defects as pointed out by the office in course of the day.

2. Permission is accorded.

3. Heard learned counsel for the petitioners and learned A.P.P. for the State.

4. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

5. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 2 is a woman.

Patna High Court CR. MISC. No.20197 of 2023(2) dt.03-08-2023 2/3

6. The informant alleges that Bittu Kumar enticed away his daughter aged about 17 years with an intention to marry.

7. Learned counsel for the petitioners submits that petitioner nos. 1 and 2 have been falsely implicated in the case being parents of Bittu Kumar (petitioner no. 3). It is further submitted that Bittu Kmar and the victim were in love and they have eloped. It is next submitted that when the victim came to know about the institution of the present FIR she returned and got her statement recorded under Section 164 Cr.P.C. wherein she disclosed her age as 18 years and has not supported the case of the prosecution rather has stated that she had left voluntarily and has married Bittu Kumar.

8. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

9. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.20197 of 2023(2) dt.03-08-2023 3/3 the case is pending/successor court in connection with Gaurichak P.S. Case No. 192 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T